how to calculate holidays for nanny with variable hours

[chocolatecrispies]

Would really appreciate some advice on how others have managed this and where to look for the legal information. Our nanny usually works 23.5 hours over 2.5 days so she gets 5.6 weeks holiday or 14 days. However over the summer she worked 24 hours over 4 days, at the moment she is working 21 hours over 2.5 days and in a few weeks she will be going up to 25.5 hours over 3 days. How on earth do I calculate how much A/L she is entitled to?
Thanks for any help.

What's in her contract?

Contract was for the 5.6 weeks pro-rata. So that was fine as long as she was working 2.5 days every week but now is more complicated.

Hmm could maybe work it out on a monthly or weekly basis? I am a bit confused as 5.6 weeks is 28 days? Are you prorating down so if she works 23.5 hours it's 5.6 times 23.5/35?

Anyway assuming 14 days pa for a 23.5 hr week that's 1.167 per month or 0.269 per week. So for weeks or months worked those hours that is what she accrues,

Then for longer weeks need to do same calc (ie 5.6 times 24/35 or 25.5/35) and work our accrual rate that way.

You need a year end date so can work out total entitlement v holiday taken at that point,

Does that help

Min legal entitlement is 12.07% (you need to check if you've given them more than this). so if they have worked 100 hours, they'd get 12.07 hours paid leave. This is how I calculate it.

It depends on wording of the contract with regard to hours and overtime etc.

Our nanny started on a 4 day a week contract and accrued holiday accordingly - she then went down to a 2 day a week contract following a mutually agreed change to her terms and conditions. She then accrued holiday for a 2 day week - during one particular school holiday when i had to work more than my normal hours she worked 2 or 3 extra days for me but this was overtime hours and paid as overtime. It did not count for holiday accrual.

Discuss with her to make sure she is in agreement but I would have continued to pay 23.5 hours as normal and then paid the extra time as overtime. Is the move up to 25.5 hours a permanent change? If so I would treat the accrual rate as changing on that date going forward.

I think the problem is I have done it in days not hours so far, so she had 28 days pro-rata which was 14 days since she worked 2.5 days each week. So I need to think about it in hours instead. What is the thing about percentages though? I don't understand :(. She gets the statutory minimum, 4 weeks plus 8 BH pro-rated.

You earn as holiday 12.07% of the time you've worked.
So if you work for 100 hours, you earn 12.07 hours of paid leave. That's all.

see here

I think you're meant to do an average of the last 13 weeks hours.

Not sure if this booklet (PDF) from ACAS is of any help.

I'm trying to work out how you do this, it seems rather complex.

For holiday already taken, how have you worked out what to pay them? Did you simply pay them the number of hours they would have been doing that day/week... so getting more money for a day off during Summer, than a day off before the Summer? Or did you do the average pay over the preceding 12 weeks?